Paper attempts to: Identify the varying purposes of these schemes ; Identify the various sources of policy and law that apply to them; and Compare their treatment in various contexts, including TTIP and other free trade agreements.

In 2003 France had 593 GIs (466 for wines and 127 for other products) Italy: 420 GIs (300 for wines and spirits and 120 on other products) Spain: 123 GIs United Kingdom has a total of 65 products with protected status Databases at http: //ec. europa. eu/agriculture/quality_en More than 3000 total products in EU at last check Vigor of protection comes from protection throughout the single market

Legal Protections Outside EU: Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958) As revised at Stockholm on 14 July 1967, and as amended on 28 September 1979, 923 U. N. T. S. 189 And 21 May 2015 http: //www. wipo. int/edocs/mdocs/geoind/en/li_dc/li_1 9. pdf (Geneva Act of Lisbon Agreement on Appellations of Origin and Geographical Indications

Trade-based theory of intellectual property protection, including GIs (TRIPS) Unique amongst WTO agreements, establishes affirmative obligations for members to enact identified legal protections for intellectual property. Reifies intellectual property, such as creative products like motion pictures, by creating goods that can be identified as such in international trade. Other provisions in trade agreements are typically “negative, ” constrain governmental behavior. TRIPS treats GIs as intellectual property requiring affirmative governmental protection and mutual recognition.

TRIPS for Protection for GIs All products are covered by Article 22, which defines a standard level of protection. This says geographical indications have to be protected in order to avoid misleading the public and to prevent unfair competition. Article 23 provides a higher or enhanced level of protection for geographical indications for wines and spirits: subject to a number of exceptions, they have to be protected even if misuse would not cause the public to be misled. Exceptions (Article 24). In some cases, geographical indications do not have to be protected or the protection can be limited. Among the exceptions that the agreement allows are: when a name has become the common (or “generic”) term (for example, “cheddar” now refers to a particular type of cheese not necessarily made in Cheddar, in the UK), and when a term has already been registered as a trademark. Source: wto. org

Doha mandate: Creation of amultilateral register for wines and spirits. Extension of the higher level of protectionfound in article 23 beyond wines and spirits to other products as cheeses and dried meats.

Disparities in domestic regulatory treatment can result in trade disputes: EU law protects “geographical indications. ” U. S. law allows producers to protect GIs as trademarks. Nonetheless, many EU GIs are not protected in the United States, and may not be registerable as trademarks because of their widespread generic use. Products can be sold in the United States which use GIs protected in Europe, but which were not produced in that region. E. g. , “Parmigiano Reggiano” under the EU system, “Parmesan” cheese produced in the United States is regularly sold there.

International Protections for Geographic Indications European Union (TTIP negotiating position fact sheet): “ The protection of geographical indications matters economically and culturally. ” “ Create value for local communities through products that are deeply rooted in tradition, culture and geography. ” “ Support rural development and promote new job opportunities in production, processing and other related services. ” “ Geographical names with commercial value are exposed to misuse and counterfeiting. ” “ Abuse of geographical indications limits access to certain markets and undermines consumer loyalty. ” “ Fraudulent use of geographical indications hurts both producers and consumers. ”

United States (letter from 50 Senators): “ EU has been using its free trade agreements (FTAs) to persuade its trading partners to impose barriers to U. S. exports under the guise of protection for its geographical indications. ”. . . “ EU seeks to. . . impair U. S. competition by imposing restrictions on the use of common food names through TTIP. ” Protection of GIs operate as “a barrier to. . . trade and competition. ” EU seeking in TTIP seeking “gratuitous use of GIs as a protectionist measure. ”

EU goals in TTIP: “ We want the US to improve its system in several important ways. ” “ These include: protecting an agreed list of EU GIs, with rules to stop other producers misusing them; [and] “ Enforcing those rules effectively. ” Source: europa. eu EU public negotiation position in Transatlantic Trade and Investment Partnership

International Standards for Food Safety GIs no guarantee of safety or of other indications of quality Laboratory tests conducted on French wines detected residues of an insecticide (bromopropylate) and a fungicide (carbendazim) prohibited in France. Emmanuel Giboulot, produces organic wines in Burgundy under the appellations “Côte de Beaune” and “Haute Côte de Nuits, ” convicted for refusal to spray grapes with pesticides.

Conclusion GIs, a form of label, receive highest level of affirmative protection under TRIPS GIs not necessarily correlated with food safety (French wines) or other indications of quality (M. Giboulot) But GIs typically include not just geographical origin but also production methods which are protected Trade agreements restrict domestic use of food safety and labelling Trade agreements also restrict use of process and production methods (e. g. , TBT tuna labeling dispute) Only distinguishing feature of GIs is location of production ( terroir) If we give the highest trade-based protection to GIs, then Maybe food safety standards and other label indications of quality deserve some trade-based measure of affirmative protection and mutual recognition. . . And, contrary to received wisdom about trade agreements, GIs demonstrate that affirmative protection for food safety standards and other label indications of quality are consistent with structure of trade agreements.